King v. . Farmer
Supreme Court of North Carolina
Civil ACTION tried upon complaint and demurrer at Fall Term, 1882, of HENDERSON Superior Court, before Shepherd, J. The complaint alleges that the plaintiffs, Mitchel C. King, Andrew Johnstone, the defendant Farmer, and others, on the 29th day of September, 1847, formed and entered into an association, or joint stock company, for the purpose of establishing a hotel in the county of Henderson, and with that view to purchase a tract of land in said county, as a suitable site…
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Civil ACTION tried upon complaint and demurrer at Fall Term, 1882, of HENDERSON Superior Court, before Shepherd, J. The complaint alleges that the plaintiffs, Mitchel C. King, Andrew Johnstone, the defendant Farmer, and others, on the 29th day of September, 1847, formed and entered into an association, or joint stock company, for the purpose of establishing a hotel in the county of Henderson, and with that view to purchase a tract of land in said county, as a suitable site for said hotel, and for the convenience of the same; and that the said hotel when erected should be dnder the charge of…
1Opinion of the CourtAshe, J.
The first cause of demurrer assigned, is, to the misjoinder of parties, in that, some of the parties having a common interest with the plaintiffs in the several causes of action united in the complaint, are joined with the defendant, Farmer, in the cause of action for the purchase money, or specific performance. If this were the only cause of action the objection would be tenable; but the several causes of actions are such as (will be hereinafter shown) may be and should be united, not only under the provisions of the Code, but according to the practice in former equity proceedings.
The…
2Cases cited1 opinion
- Young v. YoungSupreme Court of North Carolina · 1879
3Cited by17 opinions
- Daniels v. . FowlerSupreme Court of North Carolina · 1897
- Fisher v. . Trust Co.Supreme Court of North Carolina · 1905
- Barkley v. McClung Realty Co.Supreme Court of North Carolina · 1937
- State Ex Rel. Cook v. SmithSupreme Court of North Carolina · 1896
- Worth v. Knickerbocker Trust Co.Supreme Court of North Carolina · 1910
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